Marshall v. State

DICE, Judge.

Upon a trial before the court without a jury, appellant was convicted of the offense of unlawfully driving a motor vehicle upon a public highway while intoxicated and was assessed punishment at a fine of $150.00 and 3 days in jail.

The only issue upon the trial was whether the appellant was the driver of the automobile in question, as it was stipulated by and between the appellant and the state that the appellant was intoxicated on the date and at the time which was made the basis of the offense.

The state’s witness Mrs. H. J. Becnel testified that, while she was in a dancing studio…